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July 13, 2009 12:30 PM

Sotomayor Hearings Update: Is She a Prop for Larger Fight?

Posted by Andrew Cohen
(AP Photo/Ron Edmonds)
I was struck by how often Republicans attacked President Obama and his comments about how judges should have empathy. At times it seemed the nominee was merely a prop for a larger fight between the other two branches.

It's a same planet, different world atmosphere. If you listen to the Democrats the nominee is a moderate and modest judge with tons of practical experience. If you listen to the Republicans, Sotomayor is a dangerous liberal activist who would help destroy neutrality on the bench.

So far no big surprises although I thought it interesting that Senator Kyl, of Arizona, with its large Hispanic population, would be so pointedly critical of Sotomayor. I figured he would be a little less biting.

More coverage of day one of Sotomayor's hearings.


(CBS)
Andrew Cohen is CBS News' Chief Legal Analyst and Legal Editor. CourtWatch is his new blog with analysis and commentary on breaking legal news and events. For columns on legal issues before the beginning of this blog, click here.
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Sonia Sotomayor ,
Confirmation Hearings
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Add a Comment See all 14 Comments
by babooph July 13, 2009 6:42 PM EDT
As long as the republicans are involved with the Bible nuts ,they will fade-this is the 21st century& many voters do not want to become the equal to the middle East.
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by drsam8 July 13, 2009 5:00 PM EDT
Republicans want to stop a progressive majority from emerging in the Supreme Court. So, they use the issue of "judicial activism" as a straw man. But here lies their hypocriposy! Senators Diane Feinstein and Sheldon Whitehouse said it like it is: Republicans shout about what they call the "judicial activism" of the other side. Sen. Whitehouse (Rhode Island) made a most forceful argument for progressive judges, exposing Republican hypocrisy. Democratic Presidents have tended to be overly cautious, even mildly timid. Republican Presidents have acted boldly to install justices with extreme right wing views. They have used the euphemism of "strict constructionists" to secure their wishes. Thus have they installed unabashed rightists such as Scalia, Clarence Thomas and Alito. Democratic appointees to the bench are mildly left of center. The court cannot become a citadel for ordinary citizens, especially minorities (gays, lesbians, ethnics, women, religious groups, atheists, etc) can ultimately retreat if they ignore issues of equity and fundamental justice. That is what is wrong with the current composition of the Supreme Court! Right wing judges routinely trumpet a hard vision of ideological finality. Yet, the law is not mathematics with very predictable results. Rightists, unlike Democrats, deny that they put their own particular gloss, cultural predispositions and philosophic orientation in their interpretation of the constitution. Hamiton was wrong when he asserted in No. 78 of The Federalist that the judiciary has "neither force nor will, but merely judgement." Frankfurther reminded us that "It is the Constitution we are interpreting, not an insurance clause in small type," that "it is inadmissibly a narrow conception to "disregard the gloss which life has written upon them."" Therefore, empathy and life experiences matter. Since the Constitution is not exhaustive, it leaves judges with lots of room to do what they want!
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by thusspokezara July 13, 2009 3:11 PM EDT
Sotomayor is going to crush those bitter Bible clingers that President Obama spoke about in his wonderful speech in Hollywood during the campaign.
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by July 13, 2009 3:06 PM EDT
Make no mistake. The Constitution was written by men of empathy..."all men are created equal..."

The only cases that come to the Supreme Court are ones where the law is not clear. Ofcourse, every supreme court judge is an "activist" who will have to use life experience, a sense of fairness, and political philosophy to "guess" what the Constitution really intended.
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by stupa1 July 13, 2009 2:54 PM EDT
I wonder how many lily white republican parents would think about making abortion legal if there teenage daughter got pregnant with the help a dark dark shinned African heritage man?
Would they feel the same way as that great republican "Nixon"?
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by stupa1 July 13, 2009 2:46 PM EDT
Most Republicans are from the twilight Zone...go figure
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by MFAQ July 13, 2009 2:42 PM EDT
I really do like Sotomayor. She?s got a compelling backstory and from everything I?ve read, she seems like an excellent fit for the supreme court. But then again, just like with Presidents, it?s difficult to tell how they will really be until they have the position. There?s a good article floating around online today about whether Sotomayor might be the left?s version of Scalia in terms of temperament and the way she argues: http://bit.ly/c8tuS Not sure if this is a good thing or not.
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by connunism July 13, 2009 2:11 PM EDT
Republicons are mostly a party of southern white trash. These fatassed racist jinGOPigs will oppose any minority or woman that is nominated by a Democratic president.
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by stuart2020 July 13, 2009 4:43 PM EDT
The GOP neo-conservative mental midget misfits are too much! The most racist political party known to mankind sends its blind and dumb followers on these boards to lecture the Democrats on racism!

LMAO!!!!
by wrinkledkid July 13, 2009 1:56 PM EDT
As a former California resident and Democrat, now an Arizona Registered Republican I have this to say about Senator Jon Kyl. He does not represent the voice of the largely hispanic population by any stretch of the imagination. As a female American born in double nickels (1955) of Mexican heritage, with a profound appreciation for higher education, I think I can honestly say Ms Sotomayor will be a refreshing and inspiring addition to this high bench.
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by IThoughtItWasFunnyNOPE July 13, 2009 1:34 PM EDT
The republicans are doing exactly what their constituents want them to do...

A great majority of Americans do not want this woman on the SCOTUS bench because she believes she can opine cases according to her race and her political agenda rather than by applying the law as it is written...

That's the HUGE PROBLEMO here...

Nothing more, nothing less...
Reply to this comment
by steeepe July 13, 2009 2:22 PM EDT
There's no evidence that she judges based on race. The ruling in CT was based on the law there at the time. What about the neo-conservative judges? Don't they opine on the basis of their conservative ideology? There will always be conservatives and liberals on the bench. What's wrong with appointing a liberal to succeed a liberal? I just hope that the rulings are fair and reasonably objective.
by stuart2020 July 13, 2009 4:46 PM EDT
Hey Rowdy. WHO are these great majoprity of Americans you mistakenly claim are against Sotomayer??? Huh??? Who ARE They Rowdy??? Why do you persist on making such a blatant fool of yourself???? Do you really think all the dems that post here are going to take your obvioius lies and stupidity seriously??????

Please get a life and get out of that stinking trailer. You need some fresh air.
by carlyt1 July 13, 2009 1:17 PM EDT
The republicans would do themselves a favor by not standing in the way of this nomination. There is a related post at http://iamsoannoyed.com/?page_id=588
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